JACKSON v. FOTI

No. 80-3817.

670 F.2d 516 (1982)

Ray JACKSON, Petitioner-Appellant, v. Charles FOTI, Jr., Etc., et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

March 15, 1982.


Attorney(s) appearing for the Case

R. James Kellogg, New Orleans, La., for petitioner-appellant.

John H. Craft, Asst. Dist. Atty., New Orleans, La., for respondents-appellees.

Before THORNBERRY, REAVLEY and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

In this appeal from the denial of a writ of habeas corpus, we examine the provisions of Louisiana law governing commitment of persons acquitted of a crime by reason of insanity. We conclude that the due process clause entitles insanity acquittees to a hearing before commitment and that the equal protection clause requires a state to afford insanity acquittees substantially the same protections, subject to certain qualifications, as are granted...

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